Comptroller of Customs puts import agents put on lawful notice

by Marlon Madden

Comptroller of Customs at the Barbados Customs and Excise Department Owen Holder has issued a stern warning to import agents following the discovery that some of them have been submitting inaccurate information including data relating to freight charges.

While he did not immediately indicate if further investigations would be carried out or if anyone would be brought to account, Holder noted that he was prepared to read the “riot act” to import agents when he meets with them in coming days to iron out a number of their concerns.

He stressed the need for importers to provide Customs with accurate data, noting that “if you provide inaccurate data you can be subject to a fine, and therefore, I would want the agents to know that they are responsible for submitting that data to Customs and it is very important”.

Under the new Customs Bill, which was passed in Parliament in December last year, a person who falsifies or, without permission from the Comptroller, deletes, damages, alters or impairs any record, data message or information stored in the system, is guilty of an offence and is liable on summary conviction to a fine of $50 000 or five years in prison, or both.

The new Customs Bill makes provision for fines as high as $250,000 and jail terms as lengthy as eight years for various offences.

Holder told members of the business community that the inaccurate data was found when he tried to tabulate information with respect to freight charges in recent years, after several stakeholders raised concerns about freight charges following the capping of those charges last month.

“When we checked we have information submitted where in some cases there were no [freight] charges at all recorded on the bill of lading, and in some cases, we saw an empty container . . . with a freight charge written on it of $86,000,” said Holder.

“Now, this is crazy, this is madness and as I say, I will meet the agents and really read the riot act because right now as we speak, the Government has implemented some initiatives and we have to provide data in two years’ time and it is therefore imperative that they submit the accurate freight where we can do the planning at the Customs level and at the Government level,” he warned.

He said “these are all the issues we have with the agents going forward. So definitely we will have that meeting with respect to that and other things where we get those solved.” Holder was responding to questions during a recent webinar jointly hosted by the Barbados Chamber of Commerce and Industry (BCCI) and the Barbados Customs & Excise Department, to explore the pre-clearance of cargo and Trusted Trader programme.

The new Customs Bill, which seeks to bring Barbados more in line with regional and international laws, makes provision for agents to be granted authorised economic operator or trusted trader status.

The two initiatives, which are still in the pilot phase, are designed to, among other things, better facilitate trade, reduce costs and better use scarce resources, and enhance trading activities at the island’s border.

The pre-clearance of cargo initiative allows for the submission and processing of information prior to the arrival of a shipment allowing for faster clearance

of imports, while the Trusted Trader programme allows for importers to gain certain benefits, engage in a level of self-regulation and predictable level of engagement with Customs, and enjoy a smoother clearance process.

In addition to meeting with agents on the matter of freight charges, officials of the Customs and Excise Department are also expected to meet with representatives of other government agencies to ensure they have procedures in place to allow for them to align their processes with the pre-clearance system.

Holder explained that while his department had an initial meeting with relevant agencies within the Ministry of Agriculture and Ministry Health, which also looked at the issue of risk management, there will be follow up meetings to iron out all the details relating to the modernisation system.

marlonmadden@barbadostoday.bb